[Federal Register: January 30, 2006 (Volume 71, Number 19)]
[Rules and Regulations]
[Page 4808-4810]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja06-3]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. APHIS-2006-0004]
Tuberculosis in Cattle and Bison; State and Zone Designations;
Minnesota
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the bovine tuberculosis regulations regarding
State and zone classifications by removing Minnesota from the list of
accredited-free States and adding it to the list of modified accredited
advanced States. This action is necessary to help prevent the spread of
tuberculosis because Minnesota no longer meets the requirements for
accredited-free State status.
DATES: This interim rule was effective January 24, 2006. We will
consider all comments that we receive on or before March 31, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
and, in the ``Search for Open Regulations'' box,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click on ``Submit.'' In the Docket ID column,
select APHIS-2006-0004 to submit or view public comments and to view
supporting and related materials available electronically. After the
close of the comment period, the docket can be viewed using the
``Advanced Search'' function in Regulations.gov.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0004, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0004.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
[[Page 4809]]
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Michael Dutcher, Senior Staff
Veterinarian, National Tuberculosis Eradication Program, Eradication
and Surveillance Team, National Center for Animal Health Programs, VS,
APHIS, 4700 River Road, Unit 43, Riverdale, MD 20737-1231; (301) 734-
5467.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis is a contagious and infectious granulomatous
disease caused by Mycobacterium bovis. It affects cattle, bison, deer,
elk, goats, and other warm-blooded species, including humans.
Tuberculosis in infected animals and humans manifests itself in lesions
of the lung, lymph nodes, bone, and other body parts, causes weight
loss and general debilitation, and can be fatal. At the beginning of
the past century, tuberculosis caused more losses of livestock than all
other livestock diseases combined. This prompted the establishment of
the National Cooperative State/Federal Bovine Tuberculosis Eradication
Program for tuberculosis in livestock. Through this program, the Animal
and Plant Health Inspection Service (APHIS) works cooperatively with
the national livestock industry and State animal health agencies to
eradicate tuberculosis from domestic livestock in the United States and
prevent its recurrence.
Federal regulations implementing this program are contained in 9
CFR part 77, ``Tuberculosis'' (referred to below as the regulations),
and in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' (UMR), which is incorporated by reference into the
regulations. The regulations restrict the interstate movement of
cattle, bison, and captive cervids to prevent the spread of
tuberculosis. Subpart B of the regulations contains requirements for
the interstate movement of cattle and bison not known to be infected
with or exposed to tuberculosis. The interstate movement requirements
depend upon whether the animals are moved from an accredited-free State
or zone, modified accredited advanced State or zone, modified
accredited State or zone, accreditation preparatory State or zone, or
nonaccredited State or zone.
The status of a State or zone is based on its freedom from evidence
of tuberculosis in cattle and bison, the effectiveness of the State's
tuberculosis eradication program, and the degree of the State's
compliance with the standards for cattle and bison contained in the
UMR. Prior to this interim rule, Minnesota was designated accredited-
free.
Recently, five tuberculosis-affected herds have been detected in
Minnesota. Under the regulations in Sec. 77.7(c), if two or more
affected herds are detected in an accredited-free State or zone within
a 48-month period, the State or zone will be removed from the list of
accredited-free States or zones and will be reclassified as modified
accredited advanced. Therefore, we are amending the regulations by
removing Minnesota from the list of accredited-free States or zones and
adding it to the list of modified accredited advanced States or zones.
The five affected herds detected in the State have been
quarantined, four of the herds have been depopulated, and a complete
epidemiological investigation into the potential sources of the disease
is being conducted.
Under the regulations in Sec. 77.10, cattle or bison that
originate in a modified accredited advanced State or zone, and are not
known to be infected with or exposed to tuberculosis, may be moved
interstate only under one of the following conditions:
The cattle or bison are moved directly to slaughter at an
approved slaughtering establishment (Sec. 77.10(a));
The cattle or bison are sexually intact heifers moved to
an approved feedlot, or are steers or spayed heifers; and are either
officially identified or identified by premises of origin
identification (Sec. 77.10(b));
The cattle or bison are from an accredited herd and are
accompanied by a certificate stating that the accredited herd completed
the testing necessary for accredited status with negative results
within 1 year prior to the date of movement (Sec. 77.10(c)); or
The cattle or bison are sexually intact animals, are not
from an accredited herd, are officially identified, and are accompanied
by a certificate stating that they were negative to an official
tuberculin test conducted within 60 days prior to the date of movement
(Sec. 77.10(d)).
Delay in Compliance With Certain Provisions
In a document published in the Federal Register on March 22, 2004
(69 FR 13218-13219, Docket No. 03-072-2), we delayed the date for
compliance with certain identification requirements in Sec. 77.10,
``Interstate movement from modified accredited advanced States and
zones,'' until further notice. The specific provisions of Sec. 77.10
that have a delayed compliance date are:
The identification of sexually intact heifers moving to
approved feedlots and steers and spayed heifers moving to any
destination (Sec. 77.10[b]);
The identification requirements for sexually intact
heifers moving to feedlots that are not approved feedlots (Sec.
77.10[d]); and
Because identification is required for certification, the
certification requirements for sexually intact heifers moving to
unapproved feedlots (Sec. 77.10[d]).
The March 2004 compliance date delay followed a series of shorter-
term delays that we had issued when Texas, California, and New Mexico
were classified as modified accredited advanced States in 2002 and 2003
(a complete time line of those events can be found in the March 2004
document cited above).
Although the compliance date was delayed originally for Texas, we
extended its applicability to California and New Mexico when those
States were downgraded to modified accredited advanced to provide
equitable treatment for producers in those two States, and have allowed
producers in the modified accredited advanced zone in Michigan to
operate under the delay as well. While the delay is no longer
applicable to California and the majority of New Mexico because of the
return of those areas to accredited-free status, the delay in
compliance remains in effect for Texas and the modified accredited
advanced zones in New Mexico and Michigan. Therefore, in the interests
of equitable treatment for producers in Minnesota, the delay in
compliance with the specific provisions of Sec. 77.10(b) and (d) cited
above is hereby extended to Minnesota.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
spread of tuberculosis in the United States. Under these circumstances,
the Administrator has determined that prior notice and opportunity for
public comment are contrary to the public interest and that there is
good cause under 5 U.S.C. 553 for making this rule effective less than
30 days after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
[[Page 4810]]
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
Prior to this rule, the State of Minnesota was classified as an
accredited-free State for cattle and bison. However, five infected
herds have been discovered within a 48-month period. Under the
regulations, if two or more affected herds are detected in an
accredited-free State or zone within a 48-month period, the State or
zone must be reclassified as modified accredited advanced. In keeping
with that requirement, this interim rule removes Minnesota from the
list of accredited-free States and adds it to the list of modified
accredited advanced States.
As of January 2005, there were approximately 27,000 cattle and
bison operations in Minnesota, totaling 2.4 million head. According to
the National Agricultural Statistics Service, the total cash value of
cattle in Minnesota was over $2.3 billion as of that year. Over 99
percent of Minnesota's cattle operations yield less than $750,000
annually and are, therefore, considered small entities under criteria
established by the Small Business Administration.
This interim rule changes the status of Minnesota to modified
accredited advanced, resulting in interstate movement restrictions
where none existed previously. Specifically, as explained previously,
Sec. 77.10 requires that, for movement to certain destinations,
animals must test negative to an official tuberculin test and/or be
officially identified by premises of origin identification before
interstate movement.
This rule will prove beneficial by preventing the spread of
tuberculosis to other areas of the United States. However, the stricter
requirements for interstate movement will have an economic effect on
those producers involved in the interstate movement of cattle and bison
from Minnesota. As such, this analysis will focus on the expenses
incurred by those producers engaged in interstate movement and in
determining whether those negative impacts are significant.
The cost of tuberculin testing and individual identification is
between $10 and $15 per head, which includes the labor costs of the
veterinarian to test and apply official identification. On January 1,
2005, the average value per animal in Minnesota was estimated to be
$950. Thus, we believe that the added cost of the required tuberculin
testing and identification is small relative to the average value of
cattle and bison, representing between 1 and 1.6 percent of the average
animal's value. Further, since this rule provides for a delay in date
of compliance with the identification requirements in Sec. 77.10(b)
and (d), some herd owners' identification costs may be deferred.
The expenses stemming from the testing and identification
requirements are not expected to be substantial for cattle and bison
owners in Minnesota. The more a particular herd owner engages in
interstate movement, the greater the resulting expense. However,
Minnesota is a net importing State in the interstate movement of live
cattle, and the latest data on interstate cattle movement shows that in
2003, Minnesota imported 370,640 live cattle from other States, and
exported 104,729 live cattle to other States (ERS/USDA). Minnesota's
net interstate imports of live cattle were 265,911 head and that year
was not an exception to this trend of a net inflow.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 77
Animal diseases, Bison, Cattle, Reporting and recordkeeping
requirements, Transportation, Tuberculosis.
0
Accordingly, we are amending 9 CFR part 77 as follows:
PART 77--TUBERCULOSIS
0
1. The authority citation for part 77 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
Sec. 77.7 [Amended]
0
2. In Sec. 77.7, paragraph (a) is amended by removing the word
``Minnesota,''.
Sec. 77.9 [Amended]
0
3. In Sec. 77.9, paragraph (a) is amended by adding the words
``Minnesota and'' immediately before the word ``Texas''.
Done in Washington, DC, this 24th day of January 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-839 Filed 1-27-06; 8:45 am]
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